D. NARSIMHA INARSIMLU VS, SMT D ANITA VAISHNAVI, 2024 (TS) 107

D. NARSIMHA INARSIMLU VS, SMT D ANITA VAISHNAVI, 2024 (TS) 107

FACTS: The appellant and the respondent were married on 01.12.2010 in accordance with Hindu Rites and Customs at Chinna Gollapally Village, Shamshabad Mandal, Ranga Reddy District. Difficulties arose in their marriage shortly after, from 04.12.2010 onwards. The respondent moved to her parents' house on 01.11.2011, and the couple had a child on 13.09.2011. Despite attempts to reconcile, differences persisted, leading the respondent to file a complaint with the Station House Officer, Shamshabad, on 11.07.2012. Subsequently, the appellant and his family obtained anticipatory bail from the Court of the Metropolitan Sessions Judge at Cyberabad on 25.08.2012. The appellant initially filed for divorce in 2012 in the Family Court at Ranga Reddy District but later pursued an appeal in the High Court.

ISSUES: Whether the Court can enforce the continuation of an unworkable marriage, acting either as a counselor or an executioner.

OBSERVATION: After careful consideration of the facts and arguments presented, the High Court concluded that the wife's conduct constituted mental cruelty, leading to an irretrievable breakdown of the marriage. In granting the husband's appeal for divorce under the Hindu Marriage Act, the Telangana High Court emphasized that it is not the role of the judiciary to coerce individuals to remain in an untenable marital relationship. The court underscored that it should neither act as an enforcer of marriage nor as a counselor forcing parties to live as husband and wife in a loveless marriage. The fundamental principle upheld was that the court cannot compel parties to endure a loveless marriage but must ensure that legal proceedings are not misused for ulterior motives. Therefore, the appeal was allowed accordingly.